Chadsey v. . Guion
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 5, 1882, which reversed a judgment in favor'of plaintiff, entered upon a verdict, and directed judgment in favor of defendant. (Reported below, 16 J. & S. 267.) This action was upon an open policy of marine insurance, the material portions of which as well as the facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made June 5, 1882, which reversed a judgment in favor'of plaintiff, entered upon a verdict, and directed judgment in favor of defendant. (Reported below, 16 J. & S. 267.) This action was upon an open policy of marine insurance, the material portions of which as well as the facts are stated in the opinion. It is the duty of the courts to give to all doubtful words or expressions in contracts such an interpretation as will make them produce some effect. (Ward v. Whitney, 8 N. Y. 442,…
1Opinion of the Court
Ruger, Ch. J.
The plaintiff’s assignor was insured on a quantity of potatoes for transportation from Hew York to Yonkers, by an open policy of insurance issued by the defendant and ninety-nine associates known as “ United States Lloyds ” to Gebhard and Brewer on account of whom it may concern.
It is of the nature of such a policy that it does not become operative except by virtue of special indorsements, made by the underwriters, at the request of the insured, as they are needed from time to time, indicating the property insured, the rate of premiums charged, and other special conditions agreed…
2Cases cited5 opinions
- Morean v. United States InsuranceSupreme Court of the United States · 1816
- Wadsworth v. Pacific InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1829
- Wallerstein v. . the Columbian Insurance Co.New York Court of Appeals · 1870
- Leeds v. . the Mechanics' Insurance CompanyNew York Court of Appeals · 1853
- Guerlain v. Columbian InsuranceNew York Supreme Court · 1811
3Cited by21 opinions
- Kratzenstein v. Western Assurance Co. of TorontoNew York Court of Appeals · 1889
- Kama Rippa Music, Inc. v. SchekerykCourt of Appeals for the Second Circuit · 1975
- Washburn & Moen Manufacturing Co. v. Reliance Marine InsuranceSupreme Court of the United States · 1900
- Spielvogel v. VeitAppellate Division of the Supreme Court of the State of New York · 1921
- Lipschitz v. Napa Fruit Co.Court of Appeals for the Second Circuit · 1915
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